OFFENCE ELEMENTS - VOYEURISM OFFENCES
s 162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.
Definition of visual recording
(2) In this section, visual recording includes a photographic, film or video recording made by any means.
Exemption
(3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs.
OFFENCE ELEMENTS - VOYEURISM OFFENCES
Printing, publication, etc., of voyeuristic recordings
(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.
Punishment
(5) Every one who commits an offence under subsection (1) or (4)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Defence
(6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.
SELECTED CASE LAW
TABLE OF CONTENTS:
SUPREME COURT OF CANADA:
2019 SCC 10
ALBERTA:
2018 ABPC 36
2017 ABCA 187 (Varying 2016 ABPC 158)
2016 ABPC 25
2014 ABPC 61
2013 ABCA 373
2013 ABPC 66
2012 ABPC 203
2012 ABPC 24
2012 ABPC (Unreported)
2012 ABCA 14
(June 24, 2011) Edmonton No. 090658113P1 (ABPC)
2011 ABPC (Unreported)
2011 ABPC (Unreported)
2010 ABPC 395
2009 ABPB (Unreported)
2007 ABPC 349
BRITISH COLUMBIA:
2017 BCSC 2000
2017 BCPC 153
2015 BCCA 210
2015 BCPC 7
2014 BCSC 361
2010 BCPC 182
2010 BCPC 475
2009 BCPC 381
2008 BCPC 130
MANITOBA:
2015 MBCA 103
2015 MBPC 20
2013 MBPC 11
2013 MBPC 47
2013 MBPC 39
2018 MBCA 48
NEWFOUNDLAND & LABRADOR:
2017 NLTD(G) 62
[2016] NJ No 239 (NFLD PC)
[2015] 364 Nfld. & PEIR 189 (NLPC)
2011 CanLII 13633 (NLPC)
NOVA SCOTIA:
2012 NSSC 408
NORTHWEST TERRITORIES:
2011 NWTTC 20
ONTARIO:
2017 ONSC 6900
2017 ONSC 6250
2017 ONCA 778
2017 ONSC 3904
2017 ONCJ 377
2017 ONCJ Unreported
2017 ONCJ 58
2016 ONSC 6585
2016 ONCJ 858
2016 ONCA 757
2016 ONSC 6228
2016 ONCJ 171
2015 ONCJ 741
2014 ONCA 840
2014 ONCJ 130
2014 ONSC 674
2014 ONCA 69
2014 ONSC 344
2013 ONCJ 598
2013 ONSC 5243
[2011] 102 WCB (2d) 169
2011 ONCJ 133
2010 ONCJ 347
2008 ONCJ 476
[2007] OJ No 5811 (ONCJ)
2007 ONCJ 513
QUEBEC:
2018 QCCA 5972
2018 QCCQ 80
2017 QCCS 4745
2017 QCCA 499
2016 QCCQ 5288
2015 QCCQ 4512
2015 QCCQ 196
2013 QCCQ 1950
2012 QCCS 206
2011 QCCA 6888
2011 QCCQ 2770
2009 QCCQ 20918
SASKATCHEWAN:
2016 SKPC 113
2016 SKQB 123
2015 SKQB 408